Puyallup Development Agreement –01.30.19
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Puyallup Development Agreement –01.30.19 RECITALS 1. DEFINITIONS 2. COOPERATION AND GOOD-FAITH EFFORTS 3. SEPA COMPLIANCE 4. PROJECT SCHEDULE 5. DEVELOPMENT STANDARDS 6. FUNDING, INVOICE AND PAYMENT PROCEDURES FOR PROJECT-RELATED IMPROVEMENTS NOT CONSTRUCTED BY SOUND TRANSIT 7. PROJECT MITIGATION 8. MINOR REVISIONS TO PROJECT APPROVALS 9. PLAN REVIEW, PERMITTING, AND CONSTRUCTION 10. PERMITS 11. UTILITY RELOCATION 12. USE OF PARKING GARAGE FOR NON-COMMUTER RAIL USE 13. FACILITY LOCATION SIGNS 14. LIABILITY, INDEMNIFICATION 15. INSURANCE 16. LIENS 17. DISPUTE RESOLUTION 18. DEFAULT 19. REMEDIES; ENFORCEMENT 20. TERM; TERMINATION 21. COVENANTS AND WARRANTIES 22. RECORDINGS, TAXES AND OTHER CHARGES 23. ASSIGNABILITY; BENEFICIARY 24. DESIGNATED REPRESENTATIVES 25. NOTICE 26. GENERAL PROVISIONS 27. SEVERABILITY LIST OF EXHIBITS Exhibit A – Sound Transit Board Resolution R2016-07 Selecting the bicycle, pedestrian, and parking access improvements to be built for the Puyallup Access Improvement Project. Exhibit B –Puyallup Station Access Improvements Elements Constructed by Sound Transit Exhibit C – Puyallup Station Access Improvements Elements Constructed by City, with ST Contribution Exhibit D – Puyallup Station Access Improvements Draft Schedule Exhibit E – 5th Street NW Pedestrian Bridge Airspace Easement Exhibit F – Utility Conflicts Exhibit G – Downtown Design Guidelines Exhibit H – Invoice Form Exhibit I – Basis of Design Exhibit J- Project Site Plan 1 This Development Agreement ("Agreement") is entered into, by and between the CITY OF PUYALLUP, a Washington municipal corporation ("City''), and the CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY ("Sound Transit"), a regional transit authority. For and in consideration of the mutual covenants contained herein, the City and Sound Transit do hereby agree as follows regarding the Sound Transit Puyallup Station Access Improvements Project (the “Project”). RECITALS A. The City is a non-charter optional municipal code city incorporated under the laws of the State of Washington, with authority to enact laws and enter into development and right of way agreements to promote the health, safety and welfare of its citizens. B. Sound Transit is a regional transit authority created pursuant to chapters 81.104 and 81.112 RCW with all powers necessary to implement a high capacity transit system within its boundaries in King, Pierce, and Snohomish Counties. C. This agreement is authorized by sections 36.70B.170 through .210 of the Revised Code of Washington (“RCW”). In addition, the City has adopted regulations governing development agreements, as set forth in Chapter 1.15 of the Puyallup Municipal Code (“PMC”), and those regulations allow a property owner to apply to the City to enter into a development agreement to address specific project development standards including, design standards, mitigation measures, project phasing, review procedures, vesting, and other appropriate development requirements. D. The Growth Management Act (Chapter 36.70A RCW) requires that the City plan for and encourage regional high capacity transit facilities such as Sounder (RCW 36.70A.020) and accommodate within the City such essential public facilities (RCW 36.70A.200). Likewise, the Growth Management Act grants authority to the City to impose reasonable permitting conditions on the Project. E. Sound Transit and the City signed a Term Sheet outlining fundamental principles for future agreement(s) and actions that would establish responsibilities for improvements related to the Project. In the interest of streamlining the permitting, and to avoid duplication of processes, it is the City staff’s intent to address applicable zoning standards and development requirements, including a basic site plan review, within the Development Agreement (DA) process. F. On November 5, 1996, central Puget Sound area voters approved local funding for Sound Move, the ten-year regional transit system plan. Sound Move includes three new types of regional transportation: light rail, commuter rail, and a regional express bus/HOV system, which will be integrated with local transit systems and use a single or integrated, regional fare structure. In 2008, voters approved financing for Sound Transit 2 (ST2) that is an element of Sound Transit’s Long Range Transit Plan. G. These regional transit system plans include funding for, among other projects, the Sound Transit Puyallup Station Access Improvement Project, which will provide improved access at the Puyallup Sounder Station by building expanded surface parking, a multi-level parking structure and non- motorized improvements. H. In 2014, the Sound Transit Board adopted Motion M2014-64 identifying a package of access improvements in Puyallup as its preferred alternative to proceed into environmental review. In April 2 2016, the Board adopted Resolution R2016-07 selecting the project to be built in Puyallup, which includes expanded surface parking, a parking garage with approximately 500 spaces, a pedestrian bridge from the new garage over 5th Street NW to the Sounder platform, and additional non- motorized sidewalk, pedestrian lighting and bicycle improvements to be constructed and in operation before the end of 2023, as set forth in Sound Transit Resolution R2016-07, incorporated by reference herein and attached hereto as Exhibit A. I. In anticipation of the Project, Sound Transit and the City have engaged in planning efforts to identify capital improvements that would be necessary to increase safe and efficient accessibility to the Project and the existing commuter rail station and mitigate project impacts. The commitments contained in this Agreement regarding capital improvements are intended by the Parties to fully mitigate project impacts and satisfy Sound Transit's financial contribution toward such capital improvements. J. Sound Transit is proceeding to design and build the Project, and will seek various land use, administrative and right-of-way approvals for construction and operation of the Project within the City. In recognition of the multiple development permits and separate review processes, and the continuing potential for conflict, overlap and duplication between such processes, the City and Sound Transit desire to consolidate permit review processes for the benefit of both parties and the public pursuant to the development agreement authority provided in RCW 36. 70B.170-.210 and Chapter 1.15 PMC. City Council approval of this DA would replace the City Hearing Examiner’s normal role in acting upon the otherwise-required CUP and variances. In addition, the City recognizes the public benefits that will accrue to the City and community from redevelopment of the property for the Project. Public benefits of the project include improved access to the existing Sounder Puyallup Station for drivers, pedestrians, and bicyclists. The new garage includes approximately 500 parking spaces (for a total of 1,252 spaces in the immediate station area) that benefit the transit riders who travel from the region to access the Sounder system. For those riders who access the station by bicycle or by foot, non-motorized improvements - including sidewalks, pedestrian lighting, and bicycle improvements will be constructed. The non-motorized improvements are also a benefit to those who live and work in the immediate area. K. Sound Transit is the lead agency for compliance with the State Environmental Policy Act (SEPA). In coordination with the City of Puyallup, Sound Transit has completed the substantive and procedural environmental review for the Project in accordance with SEPA requirements with the publication of the Determination of Nonsignificance and SEPA Checklist on February 17, 2016. The environmental review covers the City’s issuance of permits for the project as well as environmental mitigation, and the City will use the existing environmental documents to satisfy its SEPA responsibilities, consistent with WAC 197-11-600. L. Sound Transit has adopted real property acquisition and relocation procedures and guidelines that comply with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (PL 91-646, 84 Stat. 1894), as amended by the Uniform Relocation Act Amendments of 1987 (PL 100- 17, 101 Stat. 246-256) and as implemented by the United States Department of Transportation (49 CFR 24), all of which establish a uniform policy for the expedient and consistent treatment of owners subjected to land acquisition practices and provide for the fair and equitable treatment of persons displaced as a result of public works programs or projects of a local public body. Pursuant to these policies and its statutory authority, Sound Transit has acquired or will acquire such real property interests as are necessary to construct, maintain and operate the Project, as described in Resolution 2016-07, Exhibit A, attached and incorporated herein. 3 M. Both Parties recognize the importance of expanding parking for the Puyallup Sounder Station and have mutually concluded that it is feasible to do so by 2023. Both parties will work in a collaborative manner to resolve any issues and risks to ensure that the Project is operating by 2023. N. Pursuant to RCW 36.70B.200 and PMC 1.15.050, the City held a properly noticed public hearing, and the City Council determined that the proposed Project is generally consistent with the City’s development regulations and that any departures therefrom provided by this Agreement are offset by the benefits to be received from the Project including,